CITY OF LAREDO CITY COUNCIL MEETING M2016-R-05 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET LAREDO, TEXAS 78040 MARCH 21, 2016 5:30 P.M.

I. CALL TO ORDER

Mayor Pete Saenz called the meeting to order.

II. PLEDGE OF ALLEGIANCE

Mayor Pete Saenz led in the pledge of allegiance.

III. ROLL CALL

In attendance:

Pete Saenz Mayor Rudy Gonzalez District I Esteban Rangel District II Alejandro Perez, Jr. District III Juan Narvaez Mayor Pro-Tempore, District IV Roque Vela, Jr. District V Charlie San Miguel District VI George J. Altgelt District VII Roberto Balli District VIII Doanh “Zone” T. Nguyen Acting City Secretary Jesus Olivares City Manager Cynthia Collazo Deputy City Manager Horacio De Leon Assistant City Manager Raul Casso City Attorney

Cm. Vela joined at 5:35 pm.

Cm. Balli joined at 5:37 pm.

IV. MINUTES

Approval of the March 7, 2016 City Council Meeting minutes, as amended to reflect Resolution number 2016-R-25 to 2016-R-24.

Motion to approve the March 7, 2016 minutes as amended to reflect Resolution number 2016-R-25 to 2016-R-24.

Moved: Cm. San Miguel 1 Second: Cm. Perez For: 6 Against: 0 Abstain: 0

Cm. Balli and Cm. Vela were not present.

V. COMMUNICATIONS AND RECOGNITIONS

Communiqués

1. Presentation by Nancy Santos on the Laredo Cancer Society and the upcoming Lanterns of Love Festival scheduled for Saturday, April 9, 2016 from 7:00 a.m. to 12:00 noon.

Nancy Santos announced that the Lanterns of Love Festival will take place Saturday, April 9, 2016, at TAMIU. It will include a run and walk, Zumba, and a yoga class. She invited Council to attend and bring donations to support local individuals with cancer.

2. Presentation by Olivia Varela of the Laredo Development Foundation on the quarterly update on the business activity on MileOne.

Olivia Varela, Laredo Development Foundation (LDF) Executive Director, reported collaboration with Webb County and Nuevo Laredo to bring industry to Laredo. LDF continues to participate with border advocacy groups and local transportation sectors. The goals include developing an automotive and oil and gas industry cluster, expanding opportunities for produce and refrigerated services, and targeting companies that provide skills development and career advancement opportunities resulting in higher wages. Landed projects have totaled $361,500,00.00 in capital investments so far, with 550 new jobs projected. There are still many projects in progress with expectations of commitment in the next 10 months. Ms. Varela remains optimistic about the potential growth and impact that these projects will bring to Laredo. She stated that being in a primary trade route makes Laredo competitive for new projects. Laredo’s growth in commercial retail has also attracted more corporations, such as Cheddar’s restaurant chain.

Hector Ramirez, LDF IBAC Administrator, reported that MileOne is a support center focused on providing a platform for entrepreneurs and investors. According to statistics, 80% of businesses fail within the first 18 months of operation, and MileOne intends to alleviate that problem for Laredo small businesses. He summarized the four categories of small business support: co-working space, business incubation, business accelerator, and investor fast-track services.

Recognitions

1. Recognition by Mayor Pro-Tempore Juan Narvaez of "Voces Unidas" a 2 district wide elementary choir for being one (1) of six (6) choirs selected to perform at the Texas Music Educators Association Conference. These students have qualified to be in this choir based on an audition process and were selected by TMEA based on their qualifications and by a panel of judges. (Co-Sponsored by Council Member Roque Vela Jr.)

The Voces Unidas group performed a song for Council and attendees.

Mayor Pete Saenz thanked the choir as well as their parents for their contributions to Laerdo.

2. Recognizing the Nixon High School and United High School boys basketball team for being one of the last 8 teams to play in their respective classification Nixon (5A) and United (6A). This is the first time in Laredo History that two schools represent Laredo at this level.

Mayor Pete Saenz thanked the student athletes and their parents for making Laredo proud through their hard work and dedication.

Citizen comments

Clema Owen voiced her love for her community and how the Moving Laredo Forward’s “Let the People Decide” movement was not meant to be controversial. She believes that the public should be free to choose the way they are represented.

Jose Gamez, President of the LULAC Council 777, noted that what has been working in the districts of Laredo should not be changed. He believes that single member districts are the best for Laredo.

Eva Delgado, representing the Mother Cabrini Community, supported Mayor Pete Saenz and asked the Council Members who voted for former City Manager Carlos Villarreal on his nomination to the Ethics Commission if they had a special interest or fear. She pointed out their lack of intelligence and ethics for their decisions, which were not based on their constituents’ benefit and opinions.

Sylvia Cosio, Comité de Damas en la Política Chair, requested an explanation from Mayor Pete Saenz about his statements in the newspaper with regards to a change on the political structure assigning him more power. She also stated that Mayor Saenz is contradicting himself on his declarations to the media. According to her, what is need in Laredo is Council Members who lived in the district they represent. She concluded that she would make a complaint to the Ethics Commission against Mayor Saenz as he is a bad example.

Jan Mora stated that the Boy Scouts of America Troop 201 are currently earning a “Citizenship in the Community” badge, which requires attendance of a City Council meeting to listen to an issue of controversy and decide their position. She noted that Cm. Perez is visiting the troop on April 1. 3

Ivan Rodriguez claimed that if Laredo citizens can make something better, they should. It is an American right to put an issue on the ballot for a vote, and that members of Council should not try to hinder that. He asked Council to keep an open mind on this issue and to do the right thing.

Andrew Carranco recounted the incubator reform from his trip to Washington D.C. with the Laredo delegation. The main intention is to include young professionals in Laredo business.

Andres Arangueren of the TAMIU DustyTRON Robotic Team, thanked Council for its support in order for the team to compete at NASA Headquarters in Florida last year. They finished 20th out of 52 universities and 1st out of three teams from Texas. This year, they are the only Texas team to be invited back to the competition. He asked for Council’s continued support this year.

VI. APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

a. Appointment by Council Member Roque Vela Jr. of Robert Tellez to the Environmental Advisory Committee.

Motion to approve the appointment of Robert Rellez to the Environmental Advisory Committee.

Moved: Cm. Vela Second: Cm. Narvaez For: 7 Against: 0 Abstain: 0

Cm. Gonzalez was not present.

b. Appointment by Council Member Roberto Balli of Karen Elizondo to the Third Party Funding Advisory Committee.

Motion to approve the appointment of Karen Elizondo to the Third Party Funding Advisory Committee.

Moved: Cm. Vela Second: Cm. Narvaez For: 7 Against: 0 Abstain: 0

Cm. Gonzalez was not present.

c. Appointment by Mayor Pete Saenz of Sigifredo Perez, III to the Ethics Commission.

Motion to approve the appointment of Sigifredo Perez, III to the Ethics 4 Commission.

Moved: Cm. Vela Second: Cm. Narvaez For: 7 Against: 0 Abstain: 0

Cm. Gonzalez was not present.

VII. PUBLIC HEARINGS

1. Amending the Zoning Ordinance (Map) of the City of Laredo by amending Ordinance 2014-O-110 authorizing a Special Use Permit for a restaurant selling alcohol on Lot 6A, Block 1, Vista Hermosa Subdivision, Unit III, located at 5511 McPherson Road by changing the permit holder; providing for publication and effective date.

Staff is not in support of the application and the Planning and Zoning Commission recommends approval of the Special Use Permit. District V

Motion to open the public hearing.

Moved: Cm. Vela Second: Cm. Balli For: 8 Against: 0 Abstain: 0

Diego Mounetou, the applicant, requested for a permit to sell alcohol to provide more services to customers at the restaurant. He has no objection to closing the restaurant at midnight, and he does not intend to have live music as a feature of the restaurant. He is aware that at least 51% of his total sales being for food. He stated that the restaurant is already built but is not open yet.

Nathan Bratton, Planning Director, stated that a concern is that the applicant only has 27 parking spaces of the required 53. There is a deficit of parking in that area, and the applicant does not have remote parking. He said the only recommendation would be to reduce the occupancy permit number to whatever correlates to the 27 parking spaces.

Motion to close public hearing and introduce with the conditions that the restaurant close at midnight every day and not have live music.

Moved: Cm. Vela Second: Cm. Altgelt For: 7 Against: 0 Abstain: 0

Cm. San Miguel was not present.

5 2. Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 7, Block 562, Eastern Division, located at 610 Hendricks Avenue, from M-1 (Light Manufacturing District) to R-3 (Mixed Residential District); providing for publication and effective date.

Staff is in support of the application and the Planning and Zoning Commission recommends approval of the zone change. District III

Motion to open the public hearing.

Moved: Cm. Vela Second: Cm. Gonzalez For: 7 Against: 0 Abstain: 0

Cm. San Miguel was not present.

Mr. Bratton clarified that the lot is for manufactured housing. There was no opposition and no responses in favor.

Motion to close public hearing and introduce.

Moved: Cm. Perez Second: Cm. Altgelt For: 7 Against: 0 Abstain: 0

Cm. Rangel was not present.

3. Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 9, 10 and 11, Block 2132, Eastern Division, less 625’ right-of-way, located at 619 S. Meadow Avenue from B-1 (Limited Commercial District) to B-3 (Community Business District); providing for publication and effective date.

Staff is not in support of the application and the Planning and Zoning Commission recommends approval of the zone change. District III

Motion to open the public hearing.

Moved: Cm. Balli Second: Cm. Altgelt For: 7 Against: 0 Abstain: 0

Cm. Rangel was not present.

Oscar Gonzalez requested support to make a zone change on a car lot to B-3, stating that he has complied with all of the requirements.

Mr. Bratton reported that there was one response in favor and one in opposition. 6

Motion to close public hearing and introduce.

Moved: Cm. Perez Second: Cm. San Miguel For: 7 Against: 0 Abstain: 0

Cm. Rangel was not present.

4. Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use Permit for a restaurant selling alcohol on Lots 2, 3, 10, 11 and 12, Block 857, Western Division located at 3301 San Bernardo Avenue, Building A, Suite B; providing for publication and effective date.

Staff is not in support of the application and the Planning and Zoning Commission recommends approval of the Special Use Permit. District VIII

Motion to open the public hearing.

Moved: Cm. Balli Second: Cm. Altgelt For: 7 Against: 0 Abstain: 0

Cm. Rangel was not present.

Mr. Bratton confirmed that Planning and Zoning has not met on this item.

Motion to postpone until the Planning and Zoning Commission has met.

Moved: Cm. Balli Second: Cm. Altgelt For: 7 Against: 0 Abstain: 0

Cm. Rangel was not present.

5. Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning part of Lot 4, part of lot 5, the Northwest quarter of Malinche Avenue between Pecan and Santa Clara Streets and 3,858.36 square feet out of Malinche Avenue between Santa Clara and Pecan Streets adjacent to Lot 5, Block 208, Eastern Division, located at 1619 S. Meadow Avenue, from B-1 (Limited Commercial District) to B-4 (Highway Commercial District); providing for publication and effective date.

Staff is not in support of the application and the Planning and Zoning Commission recommends denial of the zone change. District III

Motion to open the public hearing. 7

Moved: Cm. Balli Second: Cm. Narvaez For: 7 Against: 0 Abstain: 0

Cm. Rangel was not present.

Mr. Bratton is not sure what the applicant’s intent is for this area. Their proposed use was commercial, and they are asking for a B-4 which would allow bars.

Motion to close public hearing and deny.

Moved: Cm. Perez Second: Cm. Narvaez For: 7 Against: 0 Abstain: 0

Cm. Rangel was not present.

6. Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 1, 2 and 3, Block 1; and Lot 5, Block 2, Santa Rita Commercial Subdivision, located at 5601, 5609, 5617 and 5618 Doc Sigi Perez Loop, from B-3 (Community Business District) to B-4 (Highway Commercial District); providing for publication and effective date.

Staff is in support of the application and the Planning and Zoning Commission recommends approval of the zone change. District III

Motion to open the public hearing.

Moved: Cm. Balli Second: Cm. Altgelt For: 7 Against: 0 Abstain: 0

Cm. Rangel was not present.

There was no public input.

Motion to close public hearing and introduce.

Moved: Cm. Perez Second: Cm. San Miguel For: 7 Against: 0 Abstain: 0

Cm. Rangel was not present.

VIII. INTRODUCTORY ORDINANCES

7. Authorizing the City Manager to execute an amendment to the lease 8 agreement between the City of Laredo, as LESSOR and M&M Air Cargo and Delivery Service, Inc., as LESSEE, approved by Ordinance No. 2015-O-035 dated March 16, 2015 to allow M&M Air Cargo and Delivery Service, Inc., to sublease 2,646 square feet constituting Section No. 2 of Building No. 170 located at 5103 Maher Avenue at the Laredo International Airport and providing for a rent increase / adjustment on the sublease portion; all other terms and conditions remain unchanged and in effect; providing for an effective date.

Ordinance Introduction: City Council

8. Authorizing the City Manager to execute a lease agreement renewal with Securitas Security Services USA, Inc., for approximately 120 square feet of office space and an exclusive office entry lane of approximately 1,020 square feet at Bridge II.

1. Lease term is for one (1) year commencing April 1, 2016 and ending on March 31, 2017.

2. Monthly rent will be $3,500.00 for approximately 120 square feet of office space and an exclusive office entry lane of approximately 1,020 square feet at Bridge II.

3. The lease may be terminated by either party with a thirty (30) day written notice.

Ordinance Introduction: City Council

9. Authorizing the City Manager to accept and enter into contract with Texas A&M International University (TAMIU), amending the FY 2015- 2016 budget by appropriating additional revenues and expenditures in the amount of $479,656.00, and amending the FY 2015-2016 Full Time Equivalent (FTE) listing by adding the five (5) positions:

1. One (1) RN, Nurse Practitioner Supervisor, R40 2. One (1) Licensed Professional Counselor, R37 3. One (1) Public Health Promotion Program Supervisor, R35 4. One (1) Caseworker, R34 5. One (1) Licensed Vocational Nurse III, R33

Funding is from Methodists Health Care Ministries through TAMIU, and will allow us to provide early detection health and care services for diabetes and to integrate behavioral health screenings. The project is called Sí Texas – Juntos For Better Health Program and has several partners. The term period is from May 1, 2015 through April 30, 2016 but can be extended another five years.

Ordinance Introduction: City Council 9

10. Amending the classification of a vacant temporary captain position that was created for Gabriel E. Martinez Jr. in accordance with Article 22 of the Collective Bargaining Agreement between the City of Laredo and the Laredo Police Officer's Association and Chapter 143 of the Texas Local Government Code to a Sergeant FTE position, and to add an additional Sergeant FTE position to the existing manpower in the Laredo Police Department. Funding is available in the Police Department General Fund Budget.

Ordinance Introduction: City Council

IX. FINAL READING OF ORDINANCES

Motion to waive final reading of Ordinances 2016-O-034, 2016-O-035, 2016- O-036, and 2016-O-037.

Moved: Cm. Rangel Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0

11. 2016-O-034 Authorizing the City Manager to execute a Stonegarden grant and amend the FY 2015-2016 Airport Budget by appropriating said grant in the amount of $15,000.00 and approve a Memorandum of Understanding with Webb County for the 2015 Homeland Security Grant Program (HSGP) Operation Stonegarden (OPSG). Funding will be available on a reimbursement basis through the Webb County Sheriff’s Office (WCSO). This funding will be used for overtime and fringe benefit expenses used for Stonegarden Operations at the Laredo International Airport. No local match is required. The term of this grant agreement is from January 1, 2016 to August 31, 2017.

Motion to adopt Ordinance 2016-O-034.

Moved: Cm. Rangel Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0

12. 2016-O-035 Closing as a public easement, an alley dedicated for public use in Block 926, Eastern Division, City of Laredo, Webb County, Texas, also known to be located at the 1700 block of Guadalupe Street and providing for the reversion of the public’s interest in said alley to the abutting landowners in equal shares, and providing for an effective date.

Motion to adopt Ordinance 2016-O-035. 10

Moved: Cm. Rangel Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0 13. 2016-O-036 Closing as a public easement a dedicated alley in Block 25, Eastern Division, City of Laredo, Webb County, Texas, also known to be located on the 700 block of Market Street and providing for the reversion of the public's interest in said alley to the abutting landowners in equal shares and providing for an effective date.

Motion to adopt Ordinance 2016-O-036.

Moved: Cm. Rangel Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0

14. 2016-O-037 Authorizing the City Manager to execute a lease agreement with United States of America, by and through U.S. Customs and Border Protection, for the leasing by Border Patrol of a City of Laredo parcel of property located on the river bank of the Rio Grande from the City’s Zacate Creek waste water treatment plant at Springfield and Aldama to the conjunction of Chacon Creek at the Rio Grande, and more particularly described by parcel numbers attached hereto. The purpose of the lease is for the construction by Border Patrol of an all- weather, river-side “Road Corridor,” for the patrolling and securing of the implicated international border area in Laredo. The lease term is for five (5) years with three (3) five-year renewal options for a total of twenty (20) years, with a rental of one dollar ($1.00) per annum; and, providing for an effective date.

Motion to adopt Ordinance 2016-O-037.

Moved: Cm. Rangel Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0

X. RESOLUTIONS

15. 2016-R-35 Amending Resolution #2016-R-12 by adding one (1) additional Memorandum of understanding to the list of cooperative working agreements/mutual assistance agreements/memorandums of understanding between the City of Laredo Police Department and various federal, state and local agencies, including but not limited to: Drug Enforcement Administration (DEA), Federal Bureau of 11 Investigations (FBI), SCAN, et al., a comprehensive list is attached hereto as “Exhibit A”. The Police Department’s participation is part of the community service provided to our citizens, with no cost to the City of Laredo.

Motion to approve Resolution 2016-R-35.

Moved: Cm. Rangel Second: Cm. Perez For: 8 Against: 0 Abstain: 0

16. 2016-R-36 Authorizing the City Manager to submit a grant application in the amount of $300,000.00 to the Office of the Governor’s Homeland Security Grants Division (HSGD) for the purpose of funding the 2017 Local Border Security Program (LBSP). This grant does not require matching funds. Funding will be used to pay for overtime to increase patrol security along the Texas-Mexican border.

Motion to approve Resolution 2016-R-36.

Moved: Cm. Rangel Second: Cm. Perez For: 8 Against: 0 Abstain: 0

17. 2016-R-37 Authorizing the City Manager to execute a license agreement between the City of Laredo and the United States General Services Administration (GSA) for the purpose of the construction, operation and maintenance of security enhancements and temporary structures (improvements) on a portion of City of Laredo right-of-way, abutting the Convent Land Port of Entry (LPOE). The improvements are necessary to support the Department of Homeland Security, Customs and Border Protection’s (DHS-CBP) inspection of outbound vehicular traffic and to improve port security. The term of the agreement shall be effective for an initial five (5) year period with two (2) options to renew for an additional five (5) year period each.

Motion to approve Resolution 2016-R-37.

Moved: Cm. Rangel Second: Cm. Perez For: 8 Against: 0 Abstain: 0

XI. MOTIONS

18. Consideration for approval of change order #1 in the amount of $524,743.50 to QroMex Construction Co., Inc Granite Shoals, for the 24" 12 EPC Water Main Jefferson WTP to Bridge 1. This change order consists of steel casing replacement at San Ignacio and Washington in the amount of $1,623.00, replacement of existing water mains at street crossings and the transfer water service connections to the 24" Water Main in the amount of $184,928.00 and the 24' Water Main extension from Lomas Del Sur to Cuatro Vientos to provide a secondary source of water and provide better pressure to the United 9th Grade Campus in the amount of $338,192.50. The new contract amount will be $2,848,963.00. The time extension of the contract for the change order will be 70 working days for a total contract time of 280 working days. Funding is available in the 2015 Water System Revenue Bond.

Riazul Mia, Utilities Director, clarified that the change order is for the Downtown EPC (Outlet mall) project. Public Works is preparing to pave the street in anticipation of the new outlet mall. It was not anticipated at the beginning of the project to service the streets around the mall.

Motion to approve.

Moved: Cm. Altgelt Second: Cm. Rangel For: 7 Against: 0 Abstain: 0

Cm. Narvaez was not present.

19. Approving monthly adjustments to the tax roll. The amounts to be adjusted for the month of February 2016, represent a decrease of $17,918.88. These adjustments are determined by the Webb County Appraisal District and by court orders.

Motion to approve.

Moved: Cm. Rangel Second: Cm. San Miguel For: 8 Against: 0 Abstain: 0

20. Consideration to award contract number FY16-038 to sole bidder, Royal Laser Wash, Laredo, Texas in the estimated annual amount of $32,000.00 to furnish drive-thru exterior car wash services for the City’s automotive fleet. The term of this contract will be for a period of one (1) year beginning as of the date of its execution. This contract may be extended for six (6) additional one (1) year periods upon mutual agreement. All services will be secured on an as needed basis. Funding is available in the Fleet Department Fund and various City departments.

Motion to approve.

Moved: Cm. Rangel Second: Cm. San Miguel 13 For: 8 Against: 0 Abstain: 0

21. Consideration to award a contract to sole source provider, Transcore L.P., for the purchase of 5,000 AVI sticker tags. AVI sticker tags are EGO Plus protocol 915Mhz radio frequency programmable beam powered windshield dash mounted tags used for auto vehicle identification (A.V.I.) electronic toll collection as part of the Laredo Bridge System Toll Collection System in an amount not to exceed $62,500.00. Funding is available in the Bridge System Fund.

Motion to approve.

Moved: Cm. Rangel Second: Cm. San Miguel For: 8 Against: 0 Abstain: 0

22. Consideration to renew annual supply contract FY14-013 to Quadex, North Little Rock, Arkansas in an amount up to $56,000.00 for the purchase of cementitious mortar concrete for the repair of sanitary sewer underground structures for the Utilities Department. The term of this contract shall be for a period of one (1) year beginning as of the date of its execution. There will be no increase during this extension period. All material will be purchased on an as needed basis. This is the last extension period for this contract. Funding is available in the Utilities 2014 Revenue Bond.

Motion to approve.

Moved: Cm. Rangel Second: Cm. San Miguel For: 8 Against: 0 Abstain: 0

23. Authorizing the City Manager to donate one (1) 2009 Ford Crown Victoria to the Town of Indian Lake Police Department. The vehicle because of use and time and incompatibility has no value for the purpose for which it was originally intended and has fully depreciated. This vehicle will be used for law enforcement purposes by the donee to the extent usable. The City of Laredo Police Department donates this vehicle as is and does not assume any liability associated with the use after it has been transferred. This vehicle was purchased with 2008 CO Bond.

Motion to approve.

Moved: Cm. Rangel Second: Cm. San Miguel For: 8 Against: 0 Abstain: 0

24. Consideration to authorize a contract with Kraftsman Commercial 14 Playgrounds through the Buyboard Cooperative Purchasing Agreement Program's contract pricing, in the total amount of $157,032.16 for the purchase and installation of outdoor fitness equipment and a rope play structure and spring riders at San Francisco Xavier Park. Funding is available in the 40th action year 2014-2015 CDBG funding.

Motion to approve as amended.

Moved: Cm. Rangel Second: Cm. San Miguel For: 8 Against: 0 Abstain: 0

25. Authorizing the City Manager to enter into and execute a Memorandum of Understanding, attached hereto as Exhibit A, between the Laredo Police Officers' Association (LPOA) and the City of Laredo for the purpose of implementing a compressed work week for the Laredo Police Department Patrol Division (East and West Sector).

Motion to approve.

Moved: Cm. Rangel Second: Cm. San Miguel For: 8 Against: 0 Abstain: 0

26. Consideration to enter into a contract or agreement with Texas Campaign in collaboration with Baylor College of Medicine Teen Health Clinic for adolescent preventive care and education services as the sole vendor approved by the Centers for Disease Control and Prevention. This program will provide approved evidenced-based Youth centered education, training, evaluation services to improve and create youth centered services that the State of Texas is requiring for this project. The amount is not to exceed $83,060.00 for professional services (training to make services for prevention and wellness more adolescent conducive and to provide evaluation support of the project), as stated in the Department of State Health Services contract for the Texas Healthy Adolescent Initiative (THAI) for the term January 1, 2016 through December 31, 2016; renewable for up to four (4) years contingent on funding availability. Funding is available through the Health Department budget.

Motion to approve.

Moved: Cm. Rangel Second: Cm. San Miguel For: 8 Against: 0 Abstain: 0

27. Authorizing the City Manager to initiate changes to the existing Downtown Facade Restoration Program which provides grants to commercial property owners and business owners in the Central 15 Business District to encourage restoration projects of building facades and to enhance the overall exterior appearance and provide for more lighting. Provision of the assistance is contingent upon the creation and/or retention of jobs.

Proposed changes include:

1. Increase grant amount up to $25,000 for corner buildings (double facade), 2. Reduce matching funds requirement to a minimum investment to $500, 3. Allowing for lighting improvements to exterior.

Motion to approve.

Moved: Cm. Rangel Second: Cm. San Miguel For: 8 Against: 0 Abstain: 0

XII. STAFF REPORTS

28. Presentation of the fiscal year 2014-2015 Comprehensive Annual Financial Report (CAFR) prepared by the City of Laredo's Financial Services Department and audited by the independent audit firm of Canales, Garza, and Baum, P.L.L.C.

Rosario Cabello, Finance Director, reported that the independent audit began in September.

Juan Jose Garza of Canales, Garza, & Baum performed an audit of the City of Laredo. As part of the audit, the firm reviewed all of the internal processes to arrive at their opinion of the City’s financial situation. The firm did not encounter any material matters that required modification. The City’s financial statements can be relied upon by any financial institution. They also did not encounter any significant deficiencies that required reporting. The City of Laredo is in compliance with all the audit measurements.

29. Discussion with possible action to consider a request for an extension of Injury Leave with pay in accordance with 143.073 (b) of the Texas Local Government Code for Police Patrol Officer Rafael Lerma.

Monica Flores, HR Director, clarified that this is a 14-day extension.

Motion to approve.

Moved: Cm. Rangel Second: Cm. Gonzalez 16 For: 7 Against: 0 Abstain: 0

Cm. Narvaez was not present.

XIII. EXECUTIVE SESSION

30. Request for Executive Session pursuant to Texas Government Code Section 551.074 to deliberate the duties, evaluation, and work performance of the City Manager and return to open session for possible action regarding the City Manager’s employment contract and any matters related thereto.

Motion to go into executive session to deliberate the duties, evaluation, and work performance of the City Manager and return to open session for possible action regarding the City Manager’s employment contract and any matters related thereto.

Moved: Cm. Rangel Second: Cm. San Miguel For: 8 Against: 0 Abstain: 0

Following executive session, motion to extend the City Manager contract with Jesus Olivares for two years with no salary adjustment.

Moved: Cm. Rangel Second: Cm. Perez For: 5 Against: 0 Abstain: 0

Cm. Gonzalez, Cm. San Miguel, and Cm. Altgelt were not present.

31. Request for Executive Session pursuant to Texas Government Code Section 551.071(1)(a) to consult with attorney on pending/contemplated/and motioned for litigation in the property of Abst. 283 Porcion 23 L. Sanchez Und. Int. 1.859 ACRES, Roadway, more popularly known as Alta Mira Drive, in the City of Laredo, Webb County, Texas; and return to open session for possible action.

Motion to go into executive session to consult with attorney on pending/contemplated/and motioned for litigation in the property of Abst. 283 Porcion 23 L. Sanchez Und. Int. 1.859 ACRES, Roadway, more popularly known as Alta Mira Drive, in the City of Laredo, Webb County, Texas; and return to open session for possible action.

Moved: Cm. Rangel Second: Cm. San Miguel For: 8 Against: 0 Abstain: 0

Following executive session, motion to instruct the City Attorney to proceed with legal steps to address the issue. 17

Moved: Cm. Rangel Second: Cm. Balli For: 4 Against: 0 Abstain: 1 Cm. Rangel Cm. Perez Cm. Narvaez Cm. Vela Cm. Balli

Cm. Gonzalez, Cm. San Miguel, and Cm. Altgelt were not present.

XIV. RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MASS TRANSIT BOARD

Motion to recess as the Laredo City Council and convene as the Laredo Mass Transit Board.

Moved: Cm. Rangel Second: Cm. Altgelt For: 8 Against: 0 Abstain: 0

32. 2016-RT-02 Authorizing the City Manager to submit a grant application in the amount of $3,260,305 to the Federal Transit Administration (FTA) for Fiscal Year 2016 Section 5307 Urbanized Area authorized under the new Fixing America's Surface Transportation (FAST) Act. Funding will be for Operating Assistance to the El Metro Bus Operations. The required local match for this grant will be funded with the Transit's Local Sales Tax.

Motion to approve.

Moved: Cm. Rangel Second: Cm. Altgelt For: 8 Against: 0 Abstain: 0

33. 2016-RT-03 Authorizing the City Manager to submit a grant application in the amount of $312,710 to the Federal Transit Administration (FTA) for Fiscal Year 2016 Section 5339 Bus and Bus Facilities Program authorized under the new Fixing America's Surface Transportation (FAST) Act. Funding will be used for the purchase of one (1) heavy- duty bus for the El Metro fixed-route bus operations. The twenty (20) percent local match for this grant is funded with the Transit's Sales Tax.

Motion to approve.

Moved: Cm. Rangel 18 Second: Cm. Altgelt For: 8 Against: 0 Abstain: 0

34. Consideration for approval of award of construction contract to the lowest bidder, ALC Construction, Inc., Laredo, Texas, in the amount of $471,203.75 (which includes the base bid and alternate no. 1) for the El Metro Operations and Maintenance Facility – 401 Scott Street Repair/Reconstruction and/or Replacement of Concrete Slabs and Construction Joints with a construction contract time of one hundred fifty (150) calendar days; and authorizing the City Manager to execute all related contract documents contingent upon receipt and approval of insurance and bond documents. Completion date for the project is scheduled for August 2016. Funding is available in the Transit Capital Grants Fund/FTA Grant.

Motion to approve.

Moved: Cm. Rangel Second: Cm. Altgelt For: 8 Against: 0 Abstain: 0

35. Consideration for approval of award of construction contract to the lowest bidder, ABBA Construction, LLC., Laredo, Texas, in the amount of $949,790.00 (which includes the base bid and alternates no. 1 and 2) for the El Metro Operations and Maintenance Building Roof Replacement and Building Improvements (Re-Bid) with a construction contract time of one hundred fifty (150) calendar days; and authorizing the City Manager to execute all related contract documents contingent upon receipt and approval of insurance and bond documents. Completion date for the project is scheduled for August 2016. Funding is available in the Transit Capital Grants Fund/FTA Grant.

Motion to approve.

Moved: Cm. Rangel Second: Cm. Altgelt For: 8 Against: 0 Abstain: 0

XV. ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL

Motion to adjourn as the Laredo Mass Transit Board and reconvene as the Laredo City Council.

Moved: Cm. Rangel Second: Cm. Narvaez For: 8 Against: 0 Abstain: 0

GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS 19

36.

A. Request by Mayor Pete Saenz

a. Exercise of Mayor’s veto power pursuant to Laredo City Charter, §2.15: Vetoing the March 7, 2016 appointment of Carlos Villarreal as a commissioner on the Laredo Ethics Commission.

Mayor Saenz reported numerous phone calls regarding this appointment. He believes the individual on the Ethics Commission should be totally impartial and detached from the policies. As the City Manager, Carlos Villarreal was right in the middle of policies or people. He gained his experience through his position as a supervisor. This veto is nothing personal. The Commission must be impartial and Mr. Villarreal is too entangled.

Cm. Altgelt noted that the Ethics Commission came to be very reluctantly because prior management did not want it. He personally served a demand letter to move the creation along. It is now strange to him that when the Council as a whole has a complaint against it, the former manager finds himself with a nomination to the Ethics Commission.

Cm. San Miguel witnessed Mr. Villarreal’s reluctance to create the Ethics Commission, as well. He stated that he is shocked that Mr. Villarreal now shows interest in being a part of this commission. The public needs to have confidence in this commission, and people will not trust the Ethics Commission if Mr. Villarreal is on it. Cm. San Miguel has been stopped on the street by strangers saying that they will not trust the decision on any ethics complaint as long as Mr. Villarreal is on it.

Cm. Perez voiced his support of the Mayor’s veto.

Motion to override veto.

Moved: Cm. Vela Second: Cm. Narvaez For: 3 Against: 5 Abstain: 0 Cm. Narvaez Cm. Gonzalez Cm. Vela Cm. Rangel Cm. Balli Cm. Perez Cm. San Miguel Cm. Altgelt

b. Status report on the ongoing independent audit of First Recycling, L.L.C., at the City of Laredo Municipal Recycling Facility at the City

20 landfill.

Veronica Baeza, Internal Audit Director, reported that she has communicated with the external audit firm. They are continuing to work on the assignment and have received documentation from the City and from First Recycling. The operator has been cooperating with the process. So far, a tentative completion date has been set for April, barring any delays that may arise.

B. Request by Council Member Charlie San Miguel

a. Staff report regarding the widening of Del Mar Boulevard from the general vicinity of Gold’s Gym to Winfield Parkway, including prospective development in the future in that area and the need for infrastructural expansion in view of the same, with possible action.

Arturo Garcia, Community Development Director, stated there is an area of approximately 9,000 square feet of undedicated right- of-way that would need to be acquired for road widening. Cm. San Miguel requested that staff contact the owners for advisement on safety issues and area dedication or land donation. Currently there is not an estimated timeframe, but the estimated cost is around $100,000.00 for just the construction and improvements only.

Cm. Vela requested Mr. Casso to report at the next Council meeting the timeline needed to contact the owners of that property before taking action. Mr. Casso agreed to do so.

C. Request by Council Member George Altgelt

a. Discussion with possible action to pass a resolution in support of the USDA's Arunda Integrated Pest Management (mechanical/bio approach) process.

Tom Vaughan, TAMIU Biology instructor, noted that the river cane plant is not one that can be eradicated. He described the Arundo wasp and the method of using insects to control the cane. The best plan of attack for river cane is biocontrol rather than multiple applications of herbicide which will kill all vegetation and promote erosion of the riverbank soil. He confirmed that local water filtration systems are not capable to filter out herbicide chemicals following spraying.

Motion to pass a resolution in support of the USDA’s Arunda Integrated Pest Management process and condemn the aerial herbicide application of imazapyr, “round up,” and imazamox, and upon passing the resolution, forward the resolution to the Governor of Texas and the Texas State Soil and Water 21 Conservation Board.

Moved: Cm. Altgelt Second: Cm. Balli For: 8 Against: 0 Abstain: 0 b. Condemning the aerial herbicide application of imazapyr (a known toxic substance) directly on the river and upstream from the City of Laredo and Nuevo Laredo's water intake.

Jose M. Soto, Laredo Veterans Coalition Executive Director, voiced his concern about spraying herbicides. He and other veterans saw devastation that can occur from spraying toxins, particularly Agent Orange, in Vietnam. They have developed diseases as a result of Agent Orange exposure, and Mr. Soto worries that Laredo residents will experience health problems as a result of the planned aerial spraying.

Jesus Segovia, Army veteran, shared information from the National Pesticide Information Center stating that any chemical, including pesticides, can pose risks to humans, pets, and the environment. Children and developing fetuses are particularly susceptible to the adverse effects of toxic substances, leading to birth defects or interfered with development in childhood. Mr. Segovia strongly opposed the spraying of pesticides across the riverbank due to its potential risks to Laredo residents.

Mr. Vaughan reported that chopping down river cane at the root level does not solve the problem of overpopulation; it grows upward too quickly, but cutting the cane at a meter in length prevents the plant from growing upward. He also described a previous, failed experiment in which herbicides were used and the area revegetated but did not grow, requiring the implementation of a costly irrigation system. A flood then destroyed the vegetation and irrigation.

Motion to pass a resolution in support of the USDA’s Arunda Integrated Pest Management process and condemn the aerial herbicide application of imazapyr, “round up,” and imazamox, and upon passing the resolution, forward the resolution to the Governor of Texas and the Texas State Soil and Water Conservation Board.

Moved: Cm. Altgelt Second: Cm. Balli For: 8 Against: 0 Abstain: 0 c. Discussion with possible action to implement a tree preservation ordinance. 22

Motion to table.

Moved: Cm. Altgelt Second: Cm. Rangel For: 6 Against: 0 Abstain: 0

Cm. Gonzalez and Cm. Perez were not present.

d. Discussion with possible action to select a paid governmental affairs specialists (lobbyists) to advocate for the City of Laredo in Austin, Texas and Washington, D.C. and request for proposals and qualifications regarding the same.

Motion to table.

Moved: Cm. Altgelt Second: Cm. Rangel For: 6 Against: 0 Abstain: 0

Cm. Gonzalez and Cm. Perez were not present.

D. Request by Council Member Roque Vela, Jr.

a. Discussion with possible action on directing staff to place a resolution on the next Council Meeting for the petition being spearheaded by Moving Laredo Forward and The Laredo Chamber of Commerce and any related matters. (Co-Sponsored by Council Member Roberto Balli, and Council Member Rudy Gonzalez)

Keko Martinez asked where the people of Moving Laredo Forward were when Laredo experienced much political corruption. He does not want to relive the past by making districts at large. What are the intentions of this movement? There is no guarantee that the next Mayor will be free of corruption or temptation. Council Members are elected to represent the people and not special interests.

Gerry Schwebel stated that the petition is only to ensure the people have a say in the democratic process. He asked for Council’s guidance and open-mindedness as the citizens of Laredo have a say and exercise their right to vote in the direction in which Laredo is moving. Trying to fight it sends the message that the people are not acting as they should.

Frank Castillo voiced his opposition to changing the Laredo City Charter, as proposed. During the weekend’s Webb County

23 Democratic Party Convention, the proposal to move to at-large districts was largely opposed. He believes this would result in a divided City government via factions, coalitions, and the promotion of self-interests. City Council must work together. This issue should not be a burden of the citizens. A divided government is part of a vibrant democracy, but we should not change our City Charter to cater to special interests. He recommended leaving the City Charter alone on this issue.

Jose Salvador Tellez noted that he has served on the Charter Review Commission for two terms in the past, and he has never seen the Council so diversified. He is not opposed to putting the issue on the ballot for a vote, but he believes that Laredo has a representative democracy through Council and committees. Committees make decisions for the greater majority, and this issue has already been voted down by the Charter Review Commission. Therefore, he thinks putting this issue on the ballot would be a waste of time because it would dilute the vote of the citizen overall. At-large districts would result in the citizen losing power to an oligarchical entity.

Roger Rocha Jr., citizen and LULAC National President, noted that LULAC has a history of supporting single member districts. While he supports the democratic principle of putting an issue on a ballot for a public vote, he does not agree with putting an undue burden on a City Council Member governing over a larger area. The people will lose their voice. Laredo does not need any more divisive issues. Instead of changing to at-large districts, it might make more sense to add two more single member districts to Laredo.

Albert Torres, Webb County Democratic Party Chairman, stated that this year the WCDP successfully passed a resolution in opposition to at-large districts and a 75% threshold to overturn a mayoral veto. This resolution was passed unanimously and will go before the 68 Precinct Chairs for final approval. The opposition they have shown is not against the electoral process or adding an item to the ballot. He noted that Mayor Saenz should not use his capacity as Mayor to endorse a political action committee that is pushing this issue forward. He stated that larger districts will discriminate against economically disadvantaged ones.

Juan Avila stated that it is a shame he has received calls from people saying that the Mayor disrespects our Council Members and that he should apologize for Laredoans. He mentioned that Miguel Conchas from the Laredo Chamber of Commerce offended him by grouping people who support the initiative to restructure Council by having only four districts, meaning four Council Members. He considers it a violation that the Laredo Chamber of 24 Commerce is receiving funding from the City of Laredo. Mr. Avila also expressed his gratitude to Cm. Rangel for his great work as the District II Council Member.

Miguel Conchas of the Laredo Chamber of Commerce clarified that they do not receive funding from the City.

Cm. Vela iterated that nobody is against the democratic process. He attended the WCDP Convention and discussed politics at the national and state levels. He is of the opinion that the majority of Laredo citizens are against at large district systems. Someone at the convention said that the heart of the democratic process is empathy. He believes the at-large system will disenfranchise a large majority of Laredo citizens. It is important to keep single- member districts because each citizen has a stronger voice through this system.

Cm. San Miguel extended an apology to Mayor Saenz for the insults directed at him. He also claimed that insulting comments contribute to the divisiveness of this issue. He believes that while a perfect system will never exist, this system of government can definitely be improved. Elected officials are not held accountable enough and should do better in their representation of the City of Laredo. He asked the groups to consider 4 new districts having two single-member and two at-large. This would result in more accountability and more representation.

Cm. Narvaez noted that when UISD was at large, Cm. Altgelt’s mother, María Eugenia Guerra, was against it feeling it was unequal representation. She wrote an article to that effect, and UISD is no longer at large. He clarified that while he represents his district, he represents the entire City and has no special interests. It is very costly to run at large, and single member districts are represented by independent minds.

Cm. Rangel does not understand what the difference will be with an at-large Council Member. As a single-member official, he has made decisions for the entire City of Laredo. Less fortunate districts are not going to be well-represented with an at-large system.

Cm. Perez asked how many signatures are required and the deadline to secure this petition on the ballot for a vote. Doanh “Zone” T. Nguyen, Acting City Secretary, said 5% or 20,000 signatures, whichever is less. According to Chapter IX of the Local Government Code, if the required signatures are obtained, it will go on the ballot. There may be some issues regarding the order and the language conflicting with ordinances. City Attorney Raul Casso clarified that the deadline to get on the ballot is the third 25 week of August, so everything must be completed by then.

Cm. Perez noted that while he supports Cm. Vela’s motion, it will not stop this process.

Cm. Gonzalez voiced his support for District I and the single- member district system. He answers to the UISD community, as well. If he is not doing his job, he understands being replaced. However, his replacement should be focused on representing the people of District I.

Mayor Saenz noted that he ran for Mayor to affect change in Laredo. The Patrón system is an abuse of power, and he believes he represents the change that Laredo residents want. His vision is one of transparency, open government, and letting the people decide on issues that affect them. It is a slap in the face to assume that South Laredo can not come up with adequate representation; that is assuming too much. There are decent people everywhere in Laredo, and it is up to the voters to evaluate candidates running for office. He thinks that there is a need for at-large representation, and the petitions of the people should not be restricted.

Motion to direct staff to place a resolution at the next regularly scheduled City Council meeting in opposition to at large districts and adding power to the Mayor’s position.

Moved: Cm. Vela Second: Cm. Balli For: 6 Against: 2 Abstain: 0 Cm. Gonzalez Cm. San Miguel Cm. Rangel Cm. Altgelt Cm. Perez Cm. Narvaez Cm. Vela Cm. Balli

XVI. ADJOURN

Motion to adjourn.

Moved: Cm. Balli Second: Cm. Vela For: 6 Against: 0 Abstain: 0

Cm. Gonzalez and Cm. Perez were not present.

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